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Brexit, the EEA and the EU State aid Rules

The Future of State aid Control in Turmoil?


Maria Segura, Egill Olafsson, Marianne Clayton


This work is distributed under the Creative Commons Licence Attribution 4.0 International (CC BY 4.0).

Keywords: State aid control, Brexit, Homogeneity principle

One of the many and still unresolved questions raised by the discussions surrounding Brexit is that of its implications on State aid rules. The consequences for the UK and for both the EU and the European Economic Area are still unknown. The options are diverse and still open to much speculation. In this article, we will focus on the EEA model. Because it is not that well-known, the scope of the EEA agreement and the way it functions will firstly be presented. Indeed, some specificities of the EEA framework, amongst which the principle of homogeneity, deserve explanations as a cornerstone for the application of State aid rules within the EU and the EEA. Finally, the actual different options regarding State aid control post-Brexit within the UK, EU and EEA will be discussed. To conclude, attention will be devoted to the concerns regarding the continuation of the EEA Agreement as it stands and the future homogeneous application of State aid rules.
Keywords: State aid control; Brexit; Homogeneity principle.

The authors are lawyers at Clayton & Segura, Brussels. A summary of this paper was presented at the conference ‘State Aid Control: Where Law and Economics Meet’, organized by Prof. Dr. Caroline Buts and Lexxion Publisher, in cooperation with the Vrije Universiteit Brussel and E.CA Economics. Brussels, 5 October 2018.


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